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1.The judgment of the first instance shall be modified as follows:
The defendant's Suwon District Court's branch court is the defendant's branch court.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence 1-1-2, Gap evidence 2-4, Gap evidence 7-1-2, and 7-2 may be admitted, taking into account the whole purport of the pleadings:
The Defendant filed a lawsuit against the Plaintiff for the return of the lease deposit and the payment of director’s expenses with the Suwon District Court Decision 2013Na12012, the said court rendered a judgment against the Plaintiff on April 17, 2014, stating that “the Plaintiff shall pay the amount calculated at the rate of 5% per annum from October 13, 2013 to April 17, 2014, and 20% per annum from April 18, 2014 to the day of full payment” (hereinafter “the instant related judgment”). However, the said court dismissed the Plaintiff’s appeal on December 12, 2014, and thus became final and conclusive at the time of its dismissal.
B. On the other hand, the plaintiff's side and the defendant's side have deteriorated their appraisal in the course of litigation as above, and the defendant committed violence against C who is the plaintiff's wife.
C. On January 27, 2015, after the judgment related to the instant case became final and conclusive, the Plaintiff and the Defendant drafted an agreement containing the following contents:
(hereinafter) The agreement between the Plaintiff and the Defendant is made by drafting the above agreement. The lessor A (the Plaintiff) shall deposit to the lessee B (the Defendant) part of the amount of KRW 5,00,000 (4,900,000) out of the deposit money not returned to B into the bank account of B, and at the same time, shall be exempted from liability for damages arising from all illegal acts between the parties derived from the instant case and waiver of all civil and criminal acts.
Special agreement: By February 25, 2015, deposit shall be made until February 25, 2015.
10% interest per annum shall be borne by 100% per annum.
The Plaintiff on August 2015, after the deadline for payment under the instant agreement, shall be August 2015.